The EDUCATION LAW based on the Constitution of the Socialist Republic of Vietnam in 1992 was amended and supplemented by resolution No. 51/2001/QH10 on 25 December 2001 of the National Assembly session, 10 X key;
This law provisions on education.
Chapter I GENERAL PROVISIONS article 1. Scope of educational Laws and regulations on national education systems; the school, other institution of the national education system, of State agencies, political organizations, social-political organizations, the people's armed forces; organizations and individuals involved in educational activities.
Article 2. Educational objectives the goal of education is to train human comprehensive development, Vietnam has the moral, intellectual, aesthetic, health and career, faithful to the ideal of national independence and socialism; formation and fostering the personality, qualities and capacities of citizens, meet the requirements of the construction industry and protect the nation.
Article 3. The nature, principles of education 1. Education in Vietnam's Socialist education has the people, nation, science, modernity, fetch Marxism-Leninism and Ho Chi Minh thought as the basis.
2. Educational activities must be done according to the principle of learning coupled with onions, the education combined with production labor, reasoning associated with practices, school education combined with family education and social education.
Article 4. National education system 1. National education system, including formal education and continuing education.
2. The level and the level of training of the national education system include: a) preschool education kindergarten and kindergarten;
b) education have primary, secondary, high schools;
c) career education has professional secondary and vocational;
d) University education and graduate courses (hereafter referred to as tertiary education) college level training, University degree, masters degree, PhD degree.
Article 5. Asked about the content, methods of education 1. Educational content to ensure basic, comprehensive, practical, systematic and modern; attach importance to education and citizenship; inherit and promote the fine traditions, ethnic cultural identity, absorb the essence of human culture; consistent with the development of physical ages of learners.
2. educational methods must promote a positive attribute, voluntary, proactive, creative thinking of learners; fostering learners ' capacity for self study, practice, study and passion will rise.
Article 6. Educational programs 1. Educational programs educational objective expression; prescribed standard of knowledge, skill, scope and structure of educational content, methods and forms of organization of educational activities, how the reviews the results of education for the subjects in every grade, every level or level of training.
2. the education programme must ensure the modernity, stability, consistency; inheritance between level, the level of training and facilitate the threading, contact information, switching between the level of training, the training and formal education in the national education system.
3. Ask about the content knowledge and skills specified in the education program must be specifically turned into textbooks in education, curriculum and teaching material in vocational education, University education, continuing education. Textbooks, curriculum and teaching materials to meet the requirements of the education method.
4. educational programmes are organized to follow the school year for preschool education and general education; as of the school year or in the form of accumulated credits for professional education, University education.
Study results in subjects or credits which accrued learner when attending an accredited education program to consider about the value modified for the respective credit or subjects in other education programs when the learners move trades training, transfer of learning or school form up at the study level , a higher level of training.
The Minister of education and training provisions the implementation of educational programmes in the form of accrued credits, the recognition to consider about the value of converting academic courses or credits.
Article 7. The language used in schools and other educational establishments; teaching and learning of writing, voices of minorities; teaching foreign languages 1. Vietnamese is the official language used in schools and other educational establishments. Based on the educational objectives and specific requirements for the content of education, Prime Minister of the Government regulating the foreign language teaching and learning in schools and other educational establishments.
2. the State creates conditions for the minorities, the study said, his nation's written words aimed at preserving and promoting the cultural identity of peoples, help for students of ethnic minority people easily absorb the knowledge when learning in schools and other educational establishments. Teaching and learning of writing, voices of minorities be made according to the regulations of the Government.
3. the provisions of the foreign language education program is the language to be used in international transactions. The Organization of the teaching of foreign languages in schools and other educational establishments should guarantee to the learner learn continuously and effectively.
Article 8. Diploma, certificate 1. Diploma of the national education system was issued to the school after graduation level or level of training pursuant to the provisions of this law.
Diploma of the national education system to include middle school diploma, high school diploma, diploma, college diploma, university diploma, master's degree, doctorate.
2. The certificate of the system of national education are provided for the learners to validate learning outcomes after training or advanced refresher education level, profession.
Article 9. Development of education is the national education development policies leading to enhance recreation, human resources training, the fostering of talents.
Educational development is tied to the needs of socio-economic development, scientific and technological progress, strengthening national defense and security; implementation of standardized, modernized, socialization; ensure the balance of the structure level, industry structure, regional structure; expansion on the basis of ensuring quality and effectiveness; combine training and use.
Article 10. Rights and obligations of citizens learning learning is the right and obligation of citizens.
All citizens regardless of ethnicity, religion, creed, sex, family origin, social status, economic circumstances are equal learning opportunities.
The State of implementation of social justice in education, creating conditions for everyone to be educated. The State and the community to help the poor was learning, create conditions to those gifted talent development.
State priorities, create conditions for ethnic minority children, children in the family have the socio-economic conditions particularly hard, the audience enjoyed the preferential policy, people with disabilities, disability beneficiaries and social policy implementation of rights and obligations of their study.
Article 11. Universal 1. Elementary education and secondary education is the universal level. The State decided the plan of universal education, ensuring the conditions for implementation of universal education in the country.
2. Every citizen over the age rules are obliged to study the level of compulsory education.
3. The family has the responsibility to create conditions for the members of the family in the age rules are learning to reach the level of compulsory education.
Article 12. Socialized education career
Educational development, building social learning is the career of the State and of the entire population.
The dominant role of the State in the development of education; made to diversify the types of school and forms of education; encouraging, mobilizing and facilitating the Organization, individuals involved in the development of education.
Every organization, families and citizens have a responsibility to take care of the education, in cooperation with the school performs educational goals, build the environment healthy and safe education.
Article 13. Investment for investment education for education is an investment in development.
State investment priority for education; promotion and protection of the rights, legitimate interests of organizations and individuals in the country, Vietnam who settled in foreign countries, organizations, foreign individuals to invest in education.
The State budget must hold a major role in the total resources invested in education.
Article 14. The governance of the State education system for management of the system of national education goals, programs, content, educational planning, teacher standards, examination regulations, qualifications, certification; focus educational quality management, perform the assignment, decentralized management of education, enhance the autonomy, the responsibility of the institution.
Article 15. The role and responsibilities of teacher teacher keeps decisive role in ensuring the quality of education.
Teachers are constantly learning, work-set the example good for learners.
State training institutions, teacher training; There usage policy, remuneration, ensure the necessary condition of the material and the spiritual teacher to perform roles and responsibilities; preserving and promoting the value of tradition, honored teacher teaches.
Article 16. The roles and responsibilities of managers in education educational administration officials hold an important role in the Organization, management, executive education activities.
Educational administrators are constantly learning, work, raise the moral qualities, expertise, capacity management and personal responsibility.
The State plans to build and improve staff quality management education to promote the role and responsibilities of managers in education, ensuring career development education.
Article 17. Quality control quality control education education is primarily a measure aimed to determine the level of implementation of the goals, programs, educational content to schools and other educational establishments.
The quality control of education is done periodically in the nationwide and for each institution. Results quality control for education was announced publicly to socially aware and monitoring.
The Minister of education and training is responsible for directing the implementation of quality education.
Article 18. Scientific research 1. The State creates conditions for schools and other education institutions, research organisations, popular science, technology; the training combined with scientific research and production in order to improve the quality of education, gradually made the central role of culture, science, technology or of the country.
2. Schools and other educational establishments in cooperation with scientific research institutions, manufacturing, business services, training, scientific research and technology transfer, to serve socio-economic development.
3. the State has a priority policy research development, application and diffusion of science education. The advocates, education policy must be built on the basis of the results of scientific research Vietnam practices suit.
Article 19. Do not spread the religion in the school, other institution not to spread the religion, conduct religious rites in the school, other institution of the national education system, of State agencies, political organizations, social-political organizations, the people's armed forces.
Article 20. Prohibition of taking advantage of the educational activity Prohibited taking advantage of the educational activity to misrepresent policy and guidelines, the laws of the State, against the State of the Socialist Republic of Vietnam, split block of whole ethnic unity, incite violence, aggressive war propaganda undermining the customs , spread superstitious, Xu, entice people to social ills.
Prohibition of taking advantage of the educational activity for the purpose of service.
CHAPTER II NATIONAL EDUCATION SYSTEM section 1 article 21 PRESCHOOL EDUCATION. Preschool preschool education made the nurturing, caring, educating children from three months old to six years old.
Article 22. The goal of preschool education the goal of education is to help children develop physically, emotionally, intellectually, aesthetically, form the first elements of the personality, preparation for children in grade school.
Article 23. Asked about the content, methods of early childhood education 1. Preschool educational content to ensure conformity with the development of children's physical, nurtured harmony between, health care and education; help children develop a healthy, balanced body, swiftness; to know, to love, to him, she, her father, her mother, a teacher, the teacher and the people; loved you, sister, children, friends; honest, boldly nature, love, beauty; informed, like going to school.
2. preschool education mainly through the Organization of play activities to help children to comprehensive development; focus set the example, motivate, inspire.
Article 24. Preschool education programs 1. Preschool education program demonstrates the target preschool education; detailed enquiries about nurture, care and education of children in each age; regulating the Organization of the activities in order to create conditions for children to develop physically, emotionally, intellectually, aesthetically; Guide reviews the development of preschool-age children.
2. The Minister of education and training issued in preschool education programs on the basis of the evaluation of the National Council of evaluation of preschool education program.
Article 25. The basis of preschool education preschool educational establishments, including: 1. The kindergarten, the child group to receive children from three months to three years;
2. The school, kindergarten received children from three years to six years;
3. Preschool educational establishments is to combine daycare and kindergarten, children from three months old to six years old.
Section 2 GENERAL EDUCATION Article 26. General education 1. General education including: a) elementary education was made in five academic years, from grade one to grade five. The age of the students in grade one is six years old;
b) secondary education is done in four years, from grade six to grade nine. Students in grade six to complete elementary school program, there is eleven years old;
c) secondary education was conducted in the three academic years, from grade ten to grade twelve. Students in grade ten must have a high school, age is fifteen years old.
2. The Minister of education and training provisions the circumstances can previous years for students of early development of the intellect; learning in old age is higher than the age prescribed for students in the area of socio-economic hardship, ethnic minority students, students with disabilities, disability, poor students grows about fitness and orphaned students intellectual, not helpless, students in an household poverty as defined by State overseas students, on water; the case of the student learning beyond the classroom, learn to save the ban; Learning Vietnamese of ethnic minority children before entering grade one.
Article 27. The goal of universal education
1. The aim of education is to help students develop comprehensive ethical, intellectual, physical, aesthetic and basic skills, develop personal competence, dynamism and creativity, formation of the human personality of Socialist Vietnam, build status and responsibilities of citizens; prepare students for further study or go into labor life, participate in building and protecting the nation.
2. Elementary education to help students form the initial basis for the proper and lasting development of moral, intellectual, physical, aesthetic and the basic skills to students continue to secondary school.
3. middle school education to help students consolidate and develop the results of primary education; educated in the base level and original insights on technical and career to continue secondary school, intermediate, vocational school or go into labor life.
4. secondary education is designed to help students consolidate and develop the results of secondary education, improve education and have common understanding on technical and career conditional, promote personal abilities to choose the direction of development, continuing to College , College, vocational school, secondary or go into labor life.
Article 28. Asked about the content, methods of education 1. Educational content to ensure common, basic, vocational, comprehensive and systematic; associated with life practices, consistent with the physical ages of students, meet the goal of education at each level.
Primary education must be guaranteed for students are necessary, simple understanding of nature, society and man; the basic skills of listening, speaking, reading, writing and calculation; Bodybuilding routines, keeping the toilet; has original insights about the sing, dance, music, fine arts.
Middle school education must strengthen, develop the content learned in elementary school, ensuring students have the basic common understanding about Vietnamese, mathematics, history; other knowledge about social science, natural science, law, information technology, foreign languages; have the necessary minimum knowledge about technique and career.
Secondary education must strengthen, develop the content learned in high school, completed educational content; In addition to the content primarily aimed at ensuring the standard of the common knowledge, basic, comprehensive and for all students is also enhanced content in some subjects to develop the capacity to meet the aspirations of the students.
2. educational methods must promote a positive attribute, self-awareness, initiative, creativity of students; match the characteristics of each class, subjects; fostering self study method, the ability to work in teams; skills to apply knowledge into practice; the emotional impact, bringing joy, the excitement of learning for students.
Article 29. Educational programs, textbooks 1. Educational programs demonstrate educational objectives; prescribed standard of knowledge, skill, scope and structure of educational content, methods and forms of organization of educational activities, how the reviews the results of education for the subjects in every grade and every level of education.
2. specific chemistry textbook requirements for content knowledge and skills specified in the education programs of the subjects in each grade of primary education, to meet the requirements of educational methods.
3. The Minister of education and training issued by popular education program, browse textbooks to use official, stable, consistent in teaching-learning in educational institutions, on the basis of the evaluation of the National Council of evaluation of educational programs and textbooks.
Article 30. Basis of general education general education establishments include: 1. Elementary School;
2. Middle School;
3. Secondary School;
4. Schools have many levels of learning;
5. General Technical Center-career.
Article 31. Confirmation of completion of elementary school and programme level to graduate junior high school, 1. Students learn most of elementary school programs are eligible under the regulation of the Minister of education and training shall be the principal of the primary school confirmed in transcripts the complete primary program.
2. Students learn most of middle school programs are eligible under the regulation of the Minister of education and training shall be head of the education and training of the district, County, city, town in the province (hereinafter referred to as district level) level by graduating high school.
3. Students learn the most high school programs are eligible under the regulation of the Minister of education and training shall be for competition and if satisfactory, was Director of the Department of education and training in the province, central cities (hereafter referred to as provincial) level by high school graduation.
Section 3 of the EDUCATION PROFESSION to article 32. Career education career education includes: 1. Level professional made from three to four years of study for those who have graduated from high school, from one to two years for people who have a high school diploma;
2. Vocational training is done under a one-year vocational training for primary level, from one to three years for intermediate vocational training, college degree.
Article 33. The goal of the career education of professional education goal is to train workers have the knowledge, professional skills at various levels, are ethical, professional conscience, sense of discipline, industrial style, have aimed to facilitate health workers have the ability to search for jobs self-employment, or continue advanced learning qualification, profession, meet the requirements of socio-economic development, strengthen national defense and security.
Level professional training aimed at employees with knowledge, skills practice of a profession, have the ability to work independently and have creativity, technology application on the job.
Vocational training aims to train technical personnel directly in production, the service has the capability to practice the profession that corresponds to level of training.
Article 34. Asked about the content, career education method 1. The content of the education profession to concentrate on training the competence of professional practice, moral education, exercise, skills training required of each profession, enhance the education level required training.
2. professional education methods to combine practical skills with theoretical teaching to help the learner has the ability of practice and professional development according to the requirements of each job.
Article 35. The program, career education curriculum 1. Career education program can target professional education; prescribed standard of knowledge, skill, scope and structure of professional education content, methods and forms of training, how the reviews the results of training for each discipline, industry, profession, level of training of professional education; ensure the required contact information with other educational programs.
The Minister of education and training in collaboration with the Ministers, heads of ministerial agencies concerned, on the basis of the appraisal industry authority on the program level professional, regulatory framework on training level Professional includes the structure of the content, number of subjects the subjects, duration, rate of time between theory and practice, practice for each train lines. Based on the framework program, professional secondary school identified the training program of the school.
The head of the State Agency of vocational training in collaboration with the Ministers, heads of ministerial agencies concerned, on the basis of the evaluation of the industry authority on career programs, regulatory framework for each craft level training includes the structure of the content, number of , the amount of time the subjects and vocational skills, the proportion of time between theory and practice, ensuring objective for each train lines. Based on the framework programmes, vocational training programmes identified by the base.
2. career education curriculum concretize the requirements about the content knowledge, skills provision in educational programs for each subject, scope, level of training, their professional education to meet the requirements of vocational education.
Career education curriculum by school principals, the Director of the center of vocational organizations compiled and browser to use as teaching material, the official learning in professional education institutions on the basis of the evaluation of the authority by the principal, curriculum Director, vocational center established.
Article 36. Occupational education institutions 1. Professional education establishments include: a professional Secondary School);
b) vocational colleges, vocational, vocational Center, class (hereafter referred to as vocational).
2. Vocational can be organized independently or in association with production facilities, business services, other institutions.
Article 37. Degree, career education certificate 1. School-vocational programs elementary level, enrichment programs to improve their craft, are eligible under the rules of the heads of State for vocational management then be checked and if satisfactory, is the head of the institution-level professional certificate.
2. Students learn the most professional program, are eligible under the regulation of the Minister of education and training shall be for competition and if satisfactory, was Rector of the University-level graduate level professional.
3. School vocational program out level, are eligible under the rules of the heads of State for vocational management is competition and if satisfactory, was principal of the school offers vocational level. Most students in vocational programs, college level are eligible under the rules of the heads of State for vocational management is competition and if satisfactory, was principal of the school offers vocational college.
ITEM 4 HIGHER EDUCATION Article 38. University education university education includes: 1. college degree training is done from two to three years depending on profession training for people who have a high school diploma or diploma level; from a year and a half to two years for people who have high levels of the same;
2. academic training is made from four to six years depending on profession training for people who have a high school diploma or diploma level; from two and a half years to four years of study for people who have high levels of the same; from a year and a half to two years for people who have graduated from the same college majors;
3. master level training is done from one to two years for people who have graduated from college;
4. doctoral training is done in the four years of study for those who have graduated from University, from two to three years of study for a master's degree. In special circumstances, the time of doctoral training can be extended according to the regulations of the Minister of education and training.
Prime specifies the training level equivalent to master's degree, doctoral degree in professional sectors in particular.
Article 39. The goal of higher education 1. The goal of education is to train the learners have political, ethical quality, have the sense of serving the people, have the knowledge and capacity of professional practice corresponds to level of training, have health, to meet the requirements of building and protecting the nation.
2. college degree training helps students with professional knowledge and practical skills to solve common problems in specialized training.
3. academic training helps students master professional knowledge and practical skills proficiency, ability to work independently, be creative and solve problems in specialized training.
4. master's degree training helps students master the theory, there is a high level of practice, have the ability to work independently, be creative and have the capacity to detect, resolve the problems in specialized training.
5. doctoral training help highly qualified students in theory and practice, has the capacity for independent research, creativity, discovery and solve new problems in science, technology, research guides and professional activities.
Article 40. Asked about the content, methods of higher education 1. The content of higher education must be modern and developed, ensuring logical structure between basic science, knowledge of foreign languages and information technology with expert knowledge and the science of Marxism-Leninism, Ho Chi Minh ideology; inherit and promote the fine traditions, ethnic cultural identity; corresponds to the General level of the region and the world.
College level training must ensure students have the basic scientific knowledge and expertise needed, focus on basic skills and competencies to perform professionally.
University level training must ensure students have the basic scientific knowledge and expertise is relatively complete; There are scientific working methods; ability to apply theory into professional work.
Master's level training must ensure students are complementary and enhance the knowledge learned in university level; strengthening the interdisciplinary knowledge; have sufficient capacity to perform scientific research and expertise within their disciplines.
Doctoral level training must ensure for complete research students and improving the knowledge base; have a deep understanding of professional knowledge; have sufficient capacity to conduct independent scientific research and creativity in professional work.
2. The method of training college degree, college degree must attach importance to fostering self-discipline in learning, self-study capacity, self study, develop creative thinking skills, practice, create conditions for learners to participate in research, experiments, applications.
The method of training masters level is done by coordinating the study on layer with self study, self study; attach importance to the promotion of practical abilities, the capacity to detect, resolve the problems professionally.
The method of training degree is done primarily by self study, self study under the guidance of the teacher, scientist; attach importance to practice scientific research habits, developing creative thinking in detecting, resolving the problems professionally.
Article 41. The program, the higher education curriculum 1. Educational programs the University expressed the goal of higher education; prescribed standard of knowledge, skill, scope and structure of the content and methods of education and training, the way the training results evaluation for each of the disciplines, fields of study, the level of training of university education; ensure the required contact information with other educational programs.
On the basis of the evaluation of the National Council on industry evaluation program of higher education, the Minister of education and training program regulation framework for each of the training for the college level, the level of the University include the structure of the content of the subjects, the training time allocation rate, training time between disciplines, between the theory with practice, practice. Based on the framework programme, the College, the University determines the school's educational program.
The Minister of education and training provisions on volume of knowledge, program structure, dissertations, thesis for master's level training, degree.
2. University education curriculum normative requirements on content knowledge, skills provision in educational programs for each of the disciplines, fields of study, level of training.
Rector of the College, the University has the responsibility to organize compilation and browse the subject curriculum for use in schools on the basis of the evaluation of the curriculum authority established by the Rector; ensure there are enough teaching syllabus, study.
The Minister of education and training is responsible for compiling organization and browse the general use for colleges and universities.
Article 42. Higher education establishments 1. Higher education establishments include: a) the training college college degree;
b) training University College degree, college degree; Master's level training, degree when he was Prime Minister.
Scientific Research Institute of doctoral training, in cooperation with the University Master's degree training to be delivered by the Prime Minister.
2. higher education establishments was given the task of training doctoral when ensuring the following conditions: a) has a team of Professor, Associate Professor, Dr. full, have the ability to build, implement training programs and organizes the Council reviews the thesis;
b) Have the facilities, the equipment guarantees to meet the requirements of training doctoral level;
c) have experience in scientific research; have made the task of the study in the subject of science in the State-level science programs; have experience in training, fostering those doing scientific research.
3. specific organization model of the type of the University due to government regulations.
43 things. Diploma of higher education 1. Students of the diploma programme runs out, then be eligible for competition and if specified by the Minister of education and training, was Rector of the College or university level diploma College.
2. Students of most college programs, is eligible for competition or protection projects of graduate theses, and if specified by the Minister of education and training, was Rector of the University level by university graduates.
University diploma of engineering are called by the engineer; the architectural industry is by the architect; medical, pharmacy industry is by doctors, pharmacists, Bachelor's degree; of the basic sciences, pedagogy, law, economics is a Bachelor; for the rest of the industry is a university diploma.
3. Students complete the master's training program, are eligible, is protected the thesis and if prescribed by the Minister of education and training, was Rector of the University Master's degree.
4. Research students completing doctoral training program, are eligible, is protected the thesis and if specified by the Minister of education and training, was Rector of the University, Scientific Research Institute Director level by Dr.
5. The Minister of education and training responsibilities and regulations issued diploma of higher education establishments in the country specified in clause 1 of this Law 42 Thing when linking training with higher education establishments abroad.
6. The Prime rule of equivalent graduate degree master's degree, doctoral degree of some special expertise.
CONTINUING EDUCATION section 5 Article 44. Continuing education continuing education to help people do just learning, continuous learning, lifelong learning in order to improve the personality, expand knowledge, improve education level, professional service to improve the quality of life, employment, self-employment and adapted to social life.
The State has a policy of developing continuing education, made education for all people, to build learning society.
Article 45. Asked about the program, content, method of continuing education 1. Continuing education content is shown in the following program: a) literacy programs and continuing education after the literate;
b) educational programs meet the requirements of the study; updated knowledge, skills, and technology transfer;
c) fostering training program and raise the level of professional service;
d) education programs to get the diploma of the national education system.
2. The forms made regular education programs to take the degree of national education system include: a) has just done recently;
b) distance learning;
c) self study guide available.
3. The educational content of the program specified in the points a, b and c of paragraph 1 of this article to ensure expediency, help learners enhance labor, production, and quality of life.
The educational content of the education specified in point d of paragraph 1 of this article to ensure that the requirements for the content of the education of the same level, the level of training provided for in articles 29, 35 and 41 of this law.
4. Methods of continuing education must promote the active role, tapping the experience of learners, respected the abilities of self-study, using modern media and information technology to improve the quality, effective teaching and learning.
5. The Minister of education and training, the head of the State Agency of vocational competence under specific provisions of the program, curriculum, textbooks, educational materials regularly.
Article 46. Regular educational institution 1. Educational institutions often include: a) regular education center was held at the provincial and district level;
b) community learning centre was held in the communes, wards and towns (hereinafter referred to as the social level).
2. continuing education programs are also being implemented in educational establishments, vocational education institutions, higher education establishments and through the mass media.
3. education centres regularly perform the regular education program prescribed in clause 1 Article 45 of this law, not make the education program to get the intermediate diploma, college diploma, university diploma. Community Learning Center for implementation of education programs specified in point a and point b paragraph 1 Article 45 of this law.
4. educational establishments, vocational education institutions, higher education establishments performing the regular education program to ensure its training mission, just make the education specified in point d of paragraph 1 to article 45 of this law when the State authorities about the education authorities allow. Higher education establishments when making regular education program take college diploma, university diploma just to be associated with a local educational institution is a University, College, school, continuing education centre provincial condition of local institutions ensure the requirements of the base material , equipment and management personnel for the training of college degree, University degree.
Article 47. Degree, continuing education certificate 1. Students learn most of middle school programs are eligible under the regulation of the Minister of education and training shall be given by graduating high school.
Unless students learn most of middle school program prescribed in this paragraph, students attending the education specified in point d of paragraph 1 to article 45 of this law if any of the following conditions shall be, if the requirements are high: a) are registered in an authorized educational institution training courses and qualifications respectively;
b) end program, make sufficient enquiries about test results in the program and the institution where the register confirmed eligible for competition as defined by the Minister of education and training.
The authority to grant continuing education qualifications is provided as educational qualification level of jurisdiction provided for in articles 31, 37 and 43 of this Act.
2. Students learn most of the education provisions in the points a, b and c of paragraph 1 to article 45 of this law, if eligible under the regulation of the Minister of education and training shall be checked, if it is continuing education certificate.
The Director of the Center for continuing education continuing education certificate.
CHAPTER III the SCHOOL and OTHER INSTITUTIONS section 1 Organization, ACTIVITIES of the SCHOOL Article 48. The school in the national education system 1. The school in the national education system is organized under the following categories: a) the public schools by the State establishment, construction of infrastructure, ensuring funding for the mission often genera;
b) school by the community in the establishment of the facility, construction of infrastructure and ensure the funding activity;
c) private school due to social institutions, social-professional organization, individual or economic organization established, construction of infrastructure and ensure the funding of activities by which outside the State budget.
2. The school in national education systems of all kinds are established according to the master plan, the State's plan to develop a career in education. The State creates conditions for public schools hold pivotal role within the national education system.
The conditions, procedures and authority established or allowing established the school specified in Articles 50 and 51 of this Law Thing.
Article 49. The school of State agencies, political organizations, social-political organizations, the people's armed forces 1. The school of State agencies, political organizations, social-political organization has the Mission of training cadres and civil servants. The school of the people's armed forces have the task of fostering training officers, non-commissioned officers, professional military and defense workers; fostering leadership, State managers about the tasks and knowledge on defense and security.
2. Government regulation specific to the field of State agencies, political organizations, social-political organizations, the people's armed forces.
Article 50. Established the school 1. Conditions established in the school include: a) has a team of administrators and teachers sufficient in number and sync on the structure, quality standards and level of training, ensuring the implementation of the goals, the education program;
b) is the Department of finance and equipment, ensure the meet operation of the school.
2. the competent person specified in article 51 of this law, grounded in educational development needs, the decision established for public schools or decide to allow established for school, private school.
Article 51. The authority established or allowing established, active suspension, merger, split, split the school 1. The authority to establish public schools and allow the establishment of the school, the private school shall be as follows: a) the President of the people's Committee of the district level decision for preschool, kindergarten, elementary school, middle school, school in the nation to sell;
b) Chairman of the provincial people's Committee decision for secondary schools, schools for ethnic boarding secondary school in the province;
c) Ministers, heads of ministerial agencies decide for subordinate middle school;
d) Minister of education and training decisions for College, college preparatory school; The head of the State Agency of vocational decision for vocational colleges;
DD) Prime Minister decided against college.
2. Who has the authority to establish or allow established then has the authority to suspend operations, merger, Division, separation, dissolution of the school.
Prime specific rules about the procedures established, active suspension, merger, split, split University.
The Minister of education and training, the head of the State Agency of vocational training according to the jurisdiction rules of procedures established, active suspension, merger, split, split the field in different academic levels.
Article 52. School rules 1. The school is organized and operates under the provisions of this law and the Charter School.
2. Charter schools must have the following principal contents: a) the duties and powers of the school;
b) organize educational activities in schools;
c) duties and rights of teachers;
d) duties and rights of the people;
DD) Organization and management of the school;
e) finance and property of the school;
g) relations between the school, the family and society.
3. The Prime Minister issued the Charter of universities; The Minister of education and training, the head of the State Agency of vocational school Charter issued in other academic levels according to the authority.
Article 53. School Council 1. The School Council for public schools, the Board of Trustees for the school, private school (hereinafter referred to as the Council) is the organization responsible for decisions about the direction of our activity, the mobilization and monitoring the use of resources for the school, tied the school with the community and society , ensure implementation of the goals of education.
2. The Council of the University has the following duties: a) the Parliament about the goals, strategies, projects and development plans of the school;
b) resolution on the statute or modify additional regulation, organization and operation of the school to the authority for approval;
c) resolution on the use of financial undertakings, the assets of the school;
d) oversees the implementation of the resolutions of the Board of the school, the implementation of democratic regulation of the activities of the school.
3. procedure for establishment, organizational structure, powers and duties of the Board are set forth in the Charter School.
Article 54. The principal 1. The principal is responsible for managing the activities of the school, the State Agency has the authority to appoint, recognition.
2. Principals of schools in the national education system must be trained, fostering of school management.
3. standard, duties and powers of the principal; procedures for appointing University principals recognized by the Prime Minister of the Government; for the school in other academic levels by the Minister of education and training provisions; vocational establishments by the heads of State for vocational management regulations.
Article 55. School Advisory Council the Advisory Council in the school because the principal establishment to obtain the opinion of the managers, teachers, representatives of the organizations in the school to perform a number of tasks under the responsibility and authority of the principal. Organization and operation of the Advisory Council are stipulated in the Charter School.
Article 56. The party organization in the school organization of the Communist Party of Vietnam in school governance and operations within the framework of the Constitution and the law.
Article 57. Unions, social organizations in the school unions, social organizations in the school works under the provisions of the law and the responsibility to contribute to the implementation of the goals of education according to the provisions of this law.
Section 2 the TASKS and POWERS of the SCHOOL Article 58. Duties and powers of the school the school has the following powers and duties: 1. The organisation of teaching, learning and other educational activities according to the goals, the education program; confirming or issuing certificates according to the authority;
2. Recruitment, management of teachers, officials and employees; join the movement process of State administration competent for teachers, officers and employees;
3. Recruitment and management;
4. The mobilization, management and use of resources in accordance with the law;
5. Build the technical infrastructure required for Standardization, modernization;
6. In collaboration with the students, family organizations, individuals in educational activities;
7. Institutions for teachers, officials, staff and learners participate in social activities;
8. self reviews the quality of education and the educational quality of the competent agency quality control in education;
9. other powers and duties prescribed by the law.
Article 59. Duties and powers of the intermediate schools, colleges, universities in scientific research, social service 1. Intermediate schools, colleges, universities perform those duties and powers stipulated in article 58 of this law, and has the following tasks: a) scientific research; development, application and transfer of technology; participate in solving the problems of socio-economic and country;
b) perform scientific services, production business under the provisions of the law.
2. While performing the tasks specified in paragraph 1 of this article, secondary school, College, the University has the following powers: a) Is the State of affairs or land rental or lease facilities; the tax reduction, exemption, credit loans according to the rule of law;
b) associated with the economic organization, education, culture, sports, fitness, health, scientific research to improve the quality of education, associated with the use of training, career service for economic development-social, additional financial resources for the school;
c) using revenues from economic activity to invest in the construction of infrastructure of schools, expansion of production, business and educational activities under the provisions of the law.
Article 60. The autonomy and responsibility of the College, secondary school, secondary school, University College, the University is the autonomy and responsibility in accordance with the law and under the Charter schools in the following activities: 1. To build the program, curriculum teaching plans, study for the trades training are allowed;
2. Build enrollment targets, recruitment organizations, training organizations, recognition of graduation and degree level;
3. Organise the school; recruit, manage, use, teacher remuneration, officials and employees;
4. The mobilization, management and use of resources;
5. Cooperation with the Organization of the economy, education, culture, sports, fitness, health, scientific research in the country and abroad as stipulated by the Government.
Section 3 TYPES of SPECIALIZED SCHOOL Article 61. Ethnic schools, boarding schools, sales peoples University School 1. The State established ethnic schools, boarding schools, sales peoples Foundation schools for ethnic minority children, children of families long settled peoples in regions with socio-economic conditions particularly difficult to contribute to staff training resource for the region.
2. ethnic schools, boarding schools, sales peoples Foundation schools are prioritizing arranged teachers, facilities, equipment and budget.
Article 62. Magnet school, gifted school 1. The school was established in specialize in secondary level for students who achieve excellent results in studies aimed at developing the talents of the children about a number of subjects on the basis of ensuring the comprehensive education.
Gifted art school, fitness, sport was established to develop the skills of students in the field.
2. State of teacher disposition priority, the facilities, the equipment and the budget for the school, the gifted schools established by the State; There are preferential policies for gifted school by individual organizations.
3. The Minister of education and training in collaboration with the Ministers, heads of ministerial agencies concerned decided to enact regulation, education program for gifted school, school.
Article 63. The school, the class reserved for disabled people, disability 1. State formation and encourage individual organizations founded the school for the disabled, the disabled, to help the subjects of rehabilitation, cultural studies, education, integrate with the community.
2. the priority of State arranged teachers, facilities, equipment and funds for the school, classes for disabled people, disability by the State establishment; There are preferential policies for the schools, classes for disabled people, disability due to individual organizations.
Article 64. The school brought 1. The school has educational mission brought a minor violation of the law to these subjects work out, develop healthy, honest, people become capable of reintegration into social life.
2. The Minister of public security is responsible for coordinating with the Minister of education and training, Minister of labor, invalids and Social Affairs regulating educational programs for school teachers.
Section 4 of POLICY for the SCHOOL, PRIVATE SCHOOL Article 65. Duties and powers of the school, the private school 1. School, the private school has duties and powers as the public schools in the implementation of the objectives, content, educational methods, programmes and the provisions relating to recruitment, teaching, studying, examinations, testing, accreditation, graduate-level certificate, diploma.
2. School, private school autonomy and responsibility for planning, school development planning, the Organization of educational activities, build and develop teacher team, mobilize, use and management of resources to accomplish educational goals.
3. Diploma, certification by school, public school, private school level has the same legal value.
4. School, private school under the management of the State Agency on education as stipulated by the Government.
Article 66. Financial mode 1. School, private school operating under the principle of financial autonomy, self balance, implementation of the provisions of the law on accounting, auditing mode.
2. The income of the school, the private school was used to finance the activities of the school, implement the obligation for the State budget, set up investment funds for development and other funds of the University. The remaining income is distributed to the members in proportion to capital contribution capital.
3. School, private school made public financing and have the responsibility to report financial activities annually for educational administration and finance agencies in local authorities.
Article 67. The right to own property, funds and assets capital transfers, finance school-owned collective of residential community in the facility; property, financing of private school owned by the members. Property, school finance, private school by the State for protection under the provisions of the law.
The withdrawal of capital and the transfer of capital for private school is made according to the regulations of the Government, ensuring the stability and development of the school.
Article 68. Preferential policies in school, the private school was delivered or rent land or facility rental, budget support in carrying out the tasks assigned by the State under the order, enjoy preferential policies on taxation and credit. School, the private school was secured State funding to implement the policy with respect to the provisions of article 89 of this law.
The Government specifies preferential policies for school, private school.
Section 5 ORGANIZATION and ACTIVITIES of the OTHER INSTITUTIONS Article 69. The other institutions 1. Other institutions in the national education system includes: a young, young Home Group); the independent class include kindergarten, literacy classes, language classes, classes, classes for children because of the difficult circumstances are not going to school in the school, classes for children with disabilities, disability, class and professional class is held at the production facility , sales, service;
b) Technical Center-career; vocational training centre; continuing education center; community learning centres;
c) Scientific Research Institute was assigned to doctoral training, in cooperation with the University Master's degree training.
2. Scientific Research Institute, when the Prime Minister tasked in collaboration with the University Master's degree training is responsible for signing the contract with the University for training organization.
3. The Minister of education and training issued the regulation on organization and operation of the other institution specified in point b of paragraph 1 of this article; Regulation principles of organization and activity of the other institution defined in art. 1 of this article; Regulation principle of coordinating training of other institutions specified in point c of paragraph 1 of this article.
CHAPTER IV section 1 MISSION TEACHER and TEACHER'S RIGHTS Article 70. Teachers 1. Teacher's teaching duties, education in school, in other institutions.
2. Teachers must have the following criteria: a) qualities, ethics, thought good;
b) reach the standard level are trained professional service;
c) healthy enough as required;
d) biographies of themselves clearly.
3. Teachers teaching in pre-school institutions, general education, vocational education called teachers; in a university institution called trainers.
Article 71. Professor, Associate Professor, Professor, Associate Professor teacher's titles is currently taught in higher education establishments.
The Prime Standard regulations, the procedure of appointment, dismissal of Professor, associate professor.
Article 72. The Mission of the teacher's teacher has the following duties: 1. Education, according to the teaching goals, educational principles, the full implementation and the quality of the education program;
2. Exemplary Service to the citizens, the rule of law and Charter schools;
3. Preserving the quality, reputation, honor of the teachers; respect the personality of the person educated, treated fairly with the learner, the protection of the rights, legitimate interests of learners;
4. Never stop learning, work to improve the quality of ethics, political level, expertise, professional, innovative teaching methods, set the example for good;
5. Other duties as prescribed by law.
Article 73. Teacher teacher's rights have the following rights: 1. To be taught by specialized training;
2. advanced level training, fostering professional service;
3. visiting and contract research in the schools, other educational establishments and scientific research facility with conditions ensuring full implementation of the mission where we work;
4. protect the dignity, honor;
5. Be summer, Lunar, school vacation period as prescribed by the Minister of education and training and other holidays as stipulated by The labor law.
Article 74. Visiting 1. The institution is inviting people who have qualified the provisions in paragraph 2 of this Law to 70 teaching as a visiting mode.
2. a visiting who are invited to perform the tasks specified in article 72 of this law.
3. Who is a visiting officer is invited, public servants must ensure complete tasks in their work place.
Article 75. The teacher's behavior not be teachers doing the following acts: 1. Offend the honor, dignity, violate the person's body;
2. Fraud in admissions, examinations, deliberately wrong assessment study results, work out of people;
3. Misrepresent the content of education;
4. forcing the students learn to collect money.
Article 76. Teacher's day on 20 November Vietnam every year is Vietnam teacher's day.
Section 2 TRAINING and TEACHER TRAINING Article 77. The standard level of teacher training 1. The standard level of teacher training are specified as follows: a) Has a high level of education for teachers of preschool, primary school teacher;
b) Have pedagogical college diploma or college diploma and certificate professional training education for middle school teachers;
c) have graduated from University or college diploma and certificate professional training education for high school teachers;
d) Have high vocational college, vocational or technical workers, artisans skilled for instructors in vocational practice;
DD) have graduated from University or college diploma and certificate pedagogical training for teachers teaching intermediate level;
e) has a university diploma and certificate professional training for teachers teaching teachers, University College; have master or above for thematic teaching teachers, guide masters thesis; a Ph.d. for thematic teaching, teacher guide and PhD thesis.
2. The Minister of education and training, the head of the State Agency of vocational training according to the jurisdiction rules of the fostering, yet teachers use the standard level.
Article 78. School pedagogy 1. College established by the State for training, teacher training, educational managers.
2. pedagogical School was priority in recruiting teachers, layout managers, construction facilities, dormitories and training funding secured.
3. pedagogical Schools have school practice or the practice facility.
Article 79. Teachers of the College, the College of teachers of colleges and universities be employed according to the priority method for students graduating with pretty good type, good qualities and who have the qualifications, University Master's degrees, doctoral degrees, has experience of practical activity , has aspirations to become teachers. Before being given the task of teaching, College faculty, the University must be fostered on the pedagogical profession.
The Minister of education and training issued a professional training program.
3 ENTRIES for TEACHER POLICY Article 80. The professional training, professional State teacher training policy on professional service to improve and standardize teachers.
Was teacher raise the level, fostering professional service are entitled to pay and allowances prescribed by the Government.
Article 81. Teacher salaries are entitled to salary, incentive allowances according to the profession and other allowances as prescribed by the Government.
Article 82. The policy for teachers, educational managers working in specialized fields, in regions with socio-economic conditions particularly difficult 1. Teachers, educational managers working in gifted school, school, school in the nation, boarding schools, sales peoples Foundation School, a school for the disabled, disability, the school brought or other specialized schools are entitled to extra mode level and the preferential policies in accordance with the Government.
2. Teachers, educational managers in regions with socio-economic conditions particularly difficult are the people's committees of the levels to create conditions of accommodation, enjoy extra mode level and the preferential policies in accordance with the Government.
3. the State has a policy of rotating teachers, educational managers in regions with socio-economic conditions particularly difficult; encourage and teacher incentives, management education in the region conducive to the work in the social-economic conditions particularly difficult; create conditions for teachers, educational managers in this region safe work; Organization for teachers, educational managers working in the minority, the minority peoples learned to raise the quality of teaching and learning.
Chapter V section 1 LEARNER TASKS and LEARNER'S RIGHTS Article 83. The study 1. Learners who are studying at an institution of the national education system. The study includes: a) children of preschool education institutions;
b) students of educational establishments, vocational classes, vocational Center, school, college preparatory school;
c) students of colleges and universities;
d) student of the master's training facility;
DD) research student doctoral training establishments;
e) students in regular education programs.
2. The provisions in articles 85, 86, 87, 88, 89, 90, 91 and 92 of this law only applies to the learner stipulated at points b, c, d, e and e clause 1 of this article.
Article 84. Children's rights and policies for children at the preschool institution 1. Children in preschool education institutions have the following rights: a), foster care, education as the goal, preschool education plan of the Ministry of education and training;
b) health; be patient, the healing is not paid in the public health facilities;
c) be reduced fees for room service entertainment, public entertainment.
2. Government regulation of policies for children in preschool institutions.
Article 85. The Mission of The school has the following duties: 1. Perform the task of studying, work out according to plan, the education program of the school, other institution;
2. Respect teachers, officers and employees of the school, other institution; solidarity and mutual help in learning, work out; implementing rules, Charter schools; observance of the laws of the State;
3. Join the labor and social activities, environmental protection activities consistent with the health, age and ability;
4. Preserve, protect the property of the school, other institution;
5. Contribute to building, protecting and promoting the traditions of the school, other institution.
Article 86. Rights of the person who has the following rights: 1. Is the school, other institution respected and treated equally, provided full information about studying, working out;
2. Be learned before age, learning beyond the classroom, learn to shorten the duration of the program, learning in the higher years of age regulations, extends the time, learn to save the ban;
3. issuing certificates after graduation level, level of training as prescribed;
4. Be active participants of the unions, social organizations in the school, other institution in accordance with the law;
5. used equipment, the media serve the learning activity, culture, fitness, sport of the school, other institution;
6. To be directly or through his legal representative recommendations with the school, other institution these solutions contribute to the construction of the school, to protect the rights, legitimate interests of learners;
7. Enjoy the priority of State policy in recruitment on State agencies if graduating and has good morals.
Article 87. Obligation to work according to the duration of the State 1. People who study higher education programs if enjoy scholarships, training cost by the State or by foreign funded under the agreement concluded with the State after graduation to the Executive term working activities of the State; case of non-observance of the right of reimbursement scholarships, training cost.
2. The Government specifies the time work according to the dynamic conditions of the competent State agencies, standby time assigned to the work and the level of reimbursement of scholarships, training expenses specified in clause 1 of this article.
Article 88. The behavior of people learn not to do People learn to not have the following behavior: 1. Insulting dignity, honor, violated teacher's body, officials and employees of the institution and the learner;
2. academic fraud, checks, examinations, admission;
3. Smoking, drinking, beer during school hours; disturbing security, order in educational establishments and public places.
Section 2 POLICY for SCHOOL Articles 89. Scholarships and social assistance 1. The State has a policy of granting scholarships to encourage learning for students achieving outstanding results in school, gifted school specified in article 62 of this law, and the school has study results, work up quite the kind from the institution of higher education, career; scholarships for policies national election system students, University students, ethnic boarding schools, vocational school for the disabled, invalids, disabled.
2. State policies and subsidies, reduced fees for learners as beneficiaries of social policies, ethnic minority people in the region have socio-economic conditions particularly hard, the orphans are not helpless, disabled people, disability has economic difficulties , whose economic circumstances particularly difficult overcoming difficulties in learning.
3. Students, student teachers, who attended the training course Pedagogical University, was not a priority in the scholarship, social allowances prescribed in clause 1 and clause 2 of this Thing.
4. the State encourages organizations and individuals provided scholarships or grants for the school under the provisions of the law.
Article 90. National election mode 1. The State made college tuition, College, according to the national election mode level for students of the peoples in the region there are social-economic conditions particularly difficult to train public servants for this region.
Dedicated State election targets for the recruitment of minorities have not had or has very few qualified officers, University colleges, intermediate; There are supplies of admissions policies on the basis created favorable conditions for ethnic students to study ethnic boarding schools and increase the time college preparatory school.
2. provincial people's Committee, based on local needs, have the responsibility to propose national election criteria, allocation of election norms recruitment industry fits, send learning follow the national election only be browser and standard rules, asigned the work for the school after graduation.
3. The person was under the regime of election must accept the task assignment after graduation.
Specific government regulations and standards for national election mode beneficiaries, the Organization made national election mode, the reimbursement of training costs, scholarships for the study according to the national election mode after graduating Executive not assigned work.
Article 91. State education credit have preferential credit policies on the interest rate, loan term and conditions for learners in low-income families have the learning conditions.
Article 92. Free-of-charge public service reduction for students, students, students are entitled to free mode, reduced fees when using public services, transportation, entertainment, visiting museums, historical monuments, cultural works as specified by the Government.
CHAPTER VI the SCHOOL, family and SOCIETY Article 93. Responsibility of the school the school has the responsibility to actively coordinate with family and society to accomplish the goal, principles of education.
The regulations relevant to the school in this chapter apply to the other institution.
Article 94. The responsibilities of the family 1. Parents or guardians have the responsibility to nurture, educate and care for their children or who are guardians are learning, work, participation in the activities of the school.
2. Everyone in the family is responsible for building the family culture, create a favorable environment for the development of comprehensive ethical, intellectual, physical, aesthetic of the child; older people are responsible for education, child model, with the school to enhance the quality and efficiency of education.
Article 95. The right of parents or guardians of students ' parents or guardians of students have the following rights: 1. to request the school informed of results of study, work out of your child or the person to be guardian;
2. Join the educational activity according to the plan of the school; participation in the activities of the parents of students in the school;
3. school requirements, educational administration resolved according to law the problems related to the education of their children or who are guardians.
Article 96. The Board represents the parents of students student parent representatives are held in every year in preschool education and general education, by the parents or guardians of students to each class, each sent out to coordinate with the school implemented the educational activities.
No Board representation to parents of students in the school and the administrative level.
Article 97. Social responsibility 1. State agencies, political organizations, social-political organizations, political-social organizations-career, social organization, social-professional organization, professional organisations, the economic organization, the people's armed units and citizens have the following responsibilities: a) Helps the school organizes educational activities and scientific research; create conditions for teachers and learners, internships, scientific research;
b) contributing to building the movement of learning and education, healthy environment, stop the activities that adversely affect young adults, teens and children;
c) create conditions for people to learn the fun, fitness, cultural activities, sports and healthy;
d) support for funding, manpower for the career development of education according to their ability.
2. the Committee of the Vietnam Fatherland Front, the front's member organizations have a responsibility to encourage the entire population to take care for the cause of education.
3. The delegation of Ho Chi Minh Communist Youth is responsible for coordinating with the school of education of youth, youth and children; Active Union members, exemplary youth in learning, training and career development participation in education.
Article 98. School promotion Foundation, the educational foundation of the State to encourage individual organizations to establish school promotion Foundation, the educational foundation. School promotion Foundation, the educational foundation operates under the provisions of the law.
CHAPTER VII on EDUCATION GOVERNANCE section 1 GOVERNANCE CONTENT on EDUCATION and GOVERNANCE BODIES on EDUCATION Article 99. State management content on education governance content on education include: 1. building and directing the implementation of the strategy, planning, plan, educational development policies;
2. Enact and implement legal documents on education; enacted the Charter schools; regulations on the Organization and activities of the other institutions;
3. objective regulations, programs, educational content; teacher standards; standard of infrastructure and school equipment; the compilation, publication, print and distribute textbooks, curriculum; examination regulations and issuing certificates;
4. Organize, manage the educational quality assurance and quality control in education;
5. Perform statistics, information about the Organization and educational activities;
6. Organizational management education;
7. Organizing, directing, training, management of teachers and education administrators;
8. The mobilization, management and use of resources to develop your career in education;
9. Organize, manage the research work, the application of science, technology in the field of education;
10. Organize, manage the work of the international cooperation on education;
11. the regulation honors for more work for the cause of education;
12. Inspect, examine the observance of the law on education; complaints, accusations and handle violations of the law on education.
Article 100. The State administration on education 1. The unified government administration on education.
The Government submitted to the National Assembly before deciding the major undertakings that affect the rights and obligations of citizens within the country, the advocates of the reform agenda of a level; the annual report to Congress on the activities of education and the implementation of the education budget.
2. The Ministry of education and training is responsible before the Government made the governance of education.
3. Ministries, ministerial-level agencies to coordinate with the Ministry of education and training to make the governance of education according to the authority.
4. the people's Committee of the State management implementation level of education according to the hierarchy of the Government and is responsible for ensuring the conditions of teacher team, finance, physical facilities, instructional equipment of the public schools in the range management, meet the requirements of expansion enhance the quality and effectiveness of education locally.
Section 2 INVESTMENT for Education 101. The financial resources invested in education investment financial resources for education, including: 1. The State budget;
2. Fees, entrance fee; revenues from consulting, technology transfer, production, business, the services of the institution; the Organization's investment, domestic and foreign individuals to development of education; other donor organizations, individuals in the country and abroad in accordance with the law.
Article 102. State budget expenditure for education 1. The State reserved the top priority for the deployment of the education budget, ensuring the rate of increase in the annual education budget is higher than the rate of growth of the State budget.
2. The State budget spent on education must be allocated according to the principles of publicity, the focus of democracy; based on the education scale, conditions for socio-economic development of each region; reflecting the priority of State policy with regard to compulsory education, the development of education in ethnic minority regions and regions with socio-economic conditions extremely difficult.
3. Financial institutions have the responsibility to arrange the full education funding, in a timely manner, in accordance with the schedule of the school year. Educational administration management accountable, effective use of part of the education budget is allocated and the other source of revenue under the provisions of the law.
Article 103. Financial investment priorities and the land The school building, ministerial-level agencies, people's councils and people's committees of the levels have the responsibility to put the building of schools, the fitness work, sport, culture, art and education in planning, socio-economic development plan of local industry and society; financial investment priorities and the land for the construction of school and dormitory for students, students in planning socio-economic development.
Article 104. Investment incentives for education 1. The State encourages, facilitates the Organization, personal investment, intellectual contribution, effort, of money for education.
2. Investments, donations, corporate sponsorship for education and the costs of business to open the school, training at the enterprise, in cooperation with training institutions, training people, assimilate new technologies serve the needs of the business are reasonable expenses , unless the taxable income calculated under the law on enterprise income tax.
3. Donations, sponsorship of individuals for education to be considered for exemption, reduction of income tax for high income earners as defined by the Government.
4. organizations, individual investment construction serving for education; donations, sponsorship, donation or artifacts to the education career development are considered for recognition by the appropriate form.
Article 105. Tuition, fee 1. Tuition, fee is the amount of the family or people who study must submit to ensure charges for educational activities. Elementary school students do not pay tuition. In addition to tuition and entrance fee, person or family who learn not to contribute any other funds.
2. Government regulation mechanism of currency and use fees for all types of schools and other educational establishments.
The Minister of finance in collaboration with the Minister of education and training, the head of the State Agency of vocational education to prescribe the level of tuition fees, admission fees for public education institutions are centrally.
The provincial people's Council stipulates the level of tuition fees, admission fees for public education institutions in the province level on the basis of the proposal of the people's committees at the same level.
The institution of private initiative, build the level of tuition fees, admission fees.
Article 106. Tax incentives in publishing textbooks, teaching equipment, toy State has preferential policies on taxation for the publication of textbooks, textbooks, teaching materials; production and supply of teaching equipment, children's toys; import of books, newspapers, documents, equipment and other teaching, research equipment for use in the school, other institution.
Section 3 INTERNATIONAL COOPERATION on EDUCATION Article 107. International cooperation on education State expansion, developing international cooperation on education under the principle of respect for the independence, national sovereignty, equality and mutual benefit.
Article 108. Encourages cooperation with foreign education 1. The State encourages and facilitates the school, other institution of Vietnam's cooperation with the Organization, foreign individuals, Vietnam people settled abroad in teaching, learning, and scientific research.
2. the State shall encourage and facilitate the citizen overseas Vietnam teaching, learning, research, academic exchange in the form of self-sufficient or by funding by organizations, individuals in water level or by individual organizations abroad.
3. the State spends people budget has enough standards of ethics, quality and level of study, study abroad of the industry and a key sector for the construction industry and protect the nation.
Article 109. Encourage cooperation on education with Vietnam 1. Organizations, foreign individuals, international organizations, the Vietnam settled abroad being Vietnam State encourage, facilitate teaching, learning, investment, funding, collaboration, application of science, education and technology transfer in Vietnam; protected rights, legitimate interests in accordance with the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam is a member.
2. The training cooperation, open university or other institution of Vietnam who settled abroad, foreign individuals, institutions, international organizations on the territory of Vietnam due to government regulations.
Article 110. Recognition of foreign qualifications 1. The recognition of diplomas issued by the Vietnam foreign people are made according to the regulations of the Minister of education and training and the international treaties to which the Socialist Republic of Vietnam is a member.
2. The Minister of education and training signed the agreement on the equivalence of diplomas or mutual recognition of qualifications with the countries, international organizations.
EDUCATION INSPECTION section 4 Article 111. Inspector of education 1. Make the right education inspector inspector within the governance of education aimed at ensuring the enforcement of the law, promote positive factors, the prevention and handling of violations, protect the interests of the State, the legitimate rights and interests of organizations and individuals in the field of education.
2. specialized inspections on education has the following task: a) the inspection of the implementation of the policy and the law on education;
b) inspected the implementation of the goals, plans, programs, contents and methods of education; professional regulation, regulation of examinations, issuing certificates; the implementation of the regulations on the necessary conditions for ensuring quality education in educational establishments;
c) made the task of resolving the complaint, the report in the field of education under the provisions of the law on complaints and denunciations;
d) sanctioning administrative violations in the field of education under the provisions of the law on handling administrative violations;
DD) made the task of prevention and fight against corruption in the education sector under the provisions of the law on the fight against corruption;
e) propose measures to ensure enforcement of the law on education; proposed additional amendments to the policies and regulations of the State on education;
g) perform other duties specified by law.
Article 112. Powers, responsibilities of the Inspector of education the education inspector has the powers and duties prescribed by the law on the Ombudsman.
When conducting the inspection, within the jurisdiction of the agency heads management management education at the same level, education inspectors have the right to decide to temporarily suspend unlawful activities in the field of education, informs the competent bodies to handle and must bear responsibility for their decision.
Article 113. The Organization, the activities of the Inspector of education 1. Educational inspection agencies include: a) the inspection of the Ministry of education and training;
b) Inspector of Department of education and training.
2. the Inspector of education activities are carried out according to the provisions of the law on the Ombudsman.
Educational inspection activities at the district level by the Chief of the education and training directly in charge under the direction of Inspector of Department of education and training.
Educational inspection activities in occupational education institution, the University institution by the heads of the direct charge basis as prescribed by the Minister of education and training, the head of the State Agency of vocational training.
CHAPTER VIII REWARDED and HANDLE breach of article 114. Awarded the title of people's teacher, teacher, teacher of excellence, educational administration, educational research officer are eligible under the provisions of the law, was awarded the title people's teacher, elite teachers.
Article 115. Rewards for organizations, individual achievement in educational institutions, individuals have contributed to the achievement of education be rewarded according to the provisions of the law.
Article 116. Rewarding for learners Who learn in learning achievements, work out to be the school, other institution, educational administration rewarded; the case of outstanding achievements are rewarded according to the provisions of the law.
Article 117. Awarded the title of honorary doctor of political activists, the prestigious international society, teacher, scientist was the Vietnam settled abroad, foreigners have contributed much to the cause of education and science of Vietnam are the University awarded the title of honorary doctor prescribed by the Government.
Article 118. Handle violation 1. People would have one of the following acts shall, depending on the nature and extent of the violation that severely disciplined, sanctioning administrative violations or prejudice criminal liability; If the damage is compensated according to the provisions of the law: a) established the institution or organization to unauthorized activities;
b) violated the rules of the Organization, the activities of the school, other institution;
c) arbitrarily add, reduce the number of subjects, teaching content have been stipulated in the education program;
d) publish, print, distribute unauthorized textbooks;
DD) records, violating the regulations of admission, examinations and diplomas, certificates;
e) infringe the dignity, the teacher's body; abuse, torture;
g) mess, loss of security, order in the school, other institution;
h) loss of funding for education; taking advantage of educational activities to collect money wrong regulation;
I) Cause damage to the facilities of the school, other institution;
k) other acts in violation of the law on education.
2. specific government regulations on sanctioning administrative violations in the field of education.
CHAPTER IX TERMS and ENFORCEMENT of Article 119. Effect 1. This Act has effect from January 1, 2006.
2. This Act replaces the Education Law of 1998.
Article 120. Detailing and guiding the implementation of government regulations and detailed guidelines for implementing this law.
This law was the National Assembly of the Socialist Republic of Vietnam, the POKER session key 7 through June 14, 2005./.